The concept and signs of murder. Types of murders. Criminal legal analysis of the corpus delicti of murder under Part 1 of Art. 105 of the Criminal Code of the Russian Federation.

Article for murder with extreme cruelty

Let's start with this definition. Article 105 of the Criminal Code of the Russian Federation is divided into paragraphs and subparagraphs. The first is intentionally causing the death of another person. Punishable by a term of imprisonment from 6 to 15 years with or without restriction of freedom for up to two years.

The second paragraph includes 13 subparagraphs. These are aggravating circumstances. Among them, for example, is the murder of two or more persons, associated with the kidnapping of a person, motivated by blood feud, from hooligan motives, in a generally dangerous manner, etc. Here under the letter “d” - with particular cruelty. Murders falling under the second count are punishable by imprisonment for a term of 8 to 20 years. Also, at the discretion of the court or jury, it is possible to impose a life sentence. The prisoners are sent to a maximum security colony.

Murder with extreme cruelty: Article 105 of the Criminal Code of the Russian Federation, part 2, paragraph “e”.

Death threat

The object of the death threat is social relations that develop regarding the realization of each person’s natural right to life and health and ensuring the security of these social benefits. A death threat creates a threat of harm to relationships that ensure the safety of life and real harm to the health of the victim. Any person can be a victim, regardless of his age, state of health, ability to understand the meaning and significance of the threat and other circumstances.

The objective side is expressed in the form of active information actions - death threats. The corpus delicti is formal; the consequences of the threat are outside its scope and do not affect qualifications. The crime is considered completed from the moment the threat is expressed or demonstrated, regardless of when it was perceived by the victim. Methods of carrying out a threat can be different: verbal, written, gestures, through actions, etc.; a threat can be expressed, in particular, in the demonstration of weapons (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2002 No. 29 “On judicial practice in cases of theft, robbery and robbery”). What is common is the transmission of certain information about the socially dangerous intention of the subject.

The subjective side of the crime in question is characterized by guilt in the form of intent. A person, possessing free will, when threatening to kill or cause serious harm to health, is aware of the socially dangerous nature of his act. The motive for the threat (except for that specified in Part 2 of Article 119 of the Criminal Code of the Russian Federation) does not matter for qualification.

The subject of the general threat is a physically sane person who has reached the age of sixteen.

Definition

Murder as such and without aggravating circumstances is a cruel act that brings suffering not only to the person killed, but also to his relatives. However, the deprivation of human life is highlighted with particular cruelty in the Criminal Code of the Russian Federation and is punished more severely.

The main difficulty is that this concept itself is a relative factor. In other words, a forensic medical examination cannot be 100% sure that this crime is aggravated by circumstances, based only, for example, on the number of bullet or knife wounds, as well as on some other signs.

Initially, the offender is charged with Article 105. A verdict under paragraph “d” can only be passed by a court, based on all the evidence collected. Murder with particular cruelty can be recognized as such only after assessing all objective and subjective circumstances of the case.

When making a final decision, the court's attention is drawn primarily to the method of murder. Based on this fact, one can understand whether a person experienced agony before death. For example, he was beaten, raped or tortured. If this took place, this is grounds for recognizing the murder as cruel. The criminal realized that the victim would suffer and die in suffering, which did not stop him from using force. On the contrary, he received some pleasure from it and tried to make it as painful as possible.

This classification also includes a crime involving cruelty towards the victim, committed in front of relatives, since people suffered psychological trauma. The term of punishment depends on the number of aggravating factors, which, as already mentioned, in this case varies from 8 to 20 years. It is also possible to add to Art. 105 part 2 paragraph “d” of another article. For example, 244, which is charged with mockery of the body of the deceased.

In general, a murder committed with particular cruelty is a crime identified in a separate group as a qualifying feature that enhances criminal liability, taking into account the chosen method of committing the crime and a number of other circumstances indicating particular cruelty.

Murder: concept and corpus delicti

Murder is the intentional killing of another person. It must be illegal.

In modern legal literature, the following types of murder are distinguished:

- simple murder , i.e. murder committed without any aggravating or mitigating circumstances that affect the qualification of the crime (Part 1 of Article 105 of the Criminal Code of the Russian Federation);

- qualified murder , i.e. murder committed under aggravating circumstances affecting the qualification of the crime (Part 2 of Article 105 of the Criminal Code of the Russian Federation);

- privileged murder , i.e. murder committed under mitigating circumstances affecting the qualification of the crime (Articles 106, 107, 108 of the Criminal Code of the Russian Federation);

In order to reasonably bring to criminal liability and correctly qualify the act, it is necessary to establish the presence or absence of signs of a specific crime in the actions of a person. Therefore, there is a need for a thorough analysis of each element of the crime provided for in Art. 105 of the Criminal Code of the Russian Federation.

The first sign of murder is the violent nature of death, which is expressed in the fact that the death of the victim is caused by force on him.

The second sign of murder is illegality. It is expressed in the fact that murder is prosecuted by law as an act provided for by the Special Part of the Criminal Code of the Russian Federation. It is on this basis that we can limit murder from the lawful deprivation of life. At the same time, lawful deprivation of life should be understood as cases of causing death in a state of necessary defense, as well as when carrying out a death sentence. Although a recent ruling of the Constitutional Court determined that the use of the death penalty as a punishment is unconstitutional and should no longer be used by the courts. Finally, the IV Hague Convention on the Laws and Customs of War on Land of 1907 recognizes the completely legal use of military violence, including physical destruction, against fighting persons (combatants) of the enemy army.

The third sign of murder is that murder is always a guilty act provided for by the Special Part of the Criminal Code, encroaching on the life of another person and causing his death. On this basis, murder differs from accidental death. Murder always involves the unlawful taking of another person's life (not suicide or assisting suicide). A request for murder by another person (for example, a hopelessly ill person experiencing unbearable physical suffering) does not exclude responsibility for this crime. According to Art. 45 of the Fundamentals of the Legislation of the Russian Federation “On the Protection of Citizens’ Health” dated July 22, 1993, medical personnel are prohibited from carrying out euthanasia - satisfying the patient’s request to hasten his death by any actions or means, including the cessation of artificial measures to maintain life. A person who knowingly carries out euthanasia is liable for murder. In case of accidental death, we are dealing with an incident, an accident when a person did not and should not have assumed that his act would entail causing death.

The object of murder is social relations that ensure the safety of citizens' lives.

The objective side is the deprivation of the life of another person and the consequence in the form of death for the victim. Death may occur immediately after the commission of the act or after the lapse of time. The basis for imputing consequences is the presence of a causal connection between the death that occurred and the unlawful action or inaction of the subject. A mandatory sign of the objective side is the presence of a causal connection between the act of the perpetrator and the resulting death. Consideration of the objective side of murder should begin with identifying the signs that characterize it. Since the corpus delicti provided for in Art. 105 of the Criminal Code, is material in its design, then the objective side will be characterized by three mandatory features:

socially dangerous act;

socially dangerous consequence;

a causal relationship between a socially dangerous act and a socially dangerous consequence.

The first sign of the objective side of a crime is a socially dangerous act, which can be expressed both in the form of action and in the form of inaction.

Action is an active form of criminal human behavior, which is expressed in mechanical body movements that cause changes in the external world. Most often, murder is committed precisely through an action aimed at disrupting the functions or anatomical integrity of the vital organs of another person

Intentional murders can be committed not only by action, but also by inaction. Criminal inaction is a form of passive behavior and is distinguished by the fact that a person refrains from all movements, and his strength is in a state of physical rest. Consequently, inaction during a murder should be understood as the volitional, conscious abstinence of the perpetrator from committing certain acts, that is, non-interference in the development of events that take place outside the activities of the perpetrator, the result of which was the desired or permitted death. In case of inaction, it is inevitably necessary to establish under what circumstances a certain person was obliged to act, and whether he could have performed these actions. At the same time, the obligation to act in a certain way can stem not only from the requirements of laws and regulations, but also from “naturally developing relationships between people.”

Intentional murders can be committed not only by action, but also by inaction. Criminal inaction is a form of passive behavior and is distinguished by the fact that a person refrains from all movements, and his strength is in a state of physical rest. Consequently, inaction during a murder should be understood as the volitional, conscious abstinence of the perpetrator from committing certain acts, that is, non-interference in the development of events that take place outside the activities of the perpetrator, the result of which was the desired or permitted death. In case of inaction, it is inevitably necessary to establish under what circumstances a certain person was obliged to act, and whether he could have performed these actions. At the same time, the obligation to act in a certain way can stem not only from the requirements of laws and regulations, but also from “naturally developing relationships between people.” Preparation for a crime is determined by Art. 30 of the Criminal Code as the search, manufacture or adaptation by a person of means or instruments for committing a crime, the search for accomplices to a crime, conspiracy to commit a crime or other deliberate creation of conditions for the commission of a crime, if the crime was not completed due to circumstances beyond the control of this person. From this formulation it is clear that the law does not provide an exhaustive list of all specific actions that can be considered as preparation for a crime. Yes, this is impossible to do. The law gives only a general indication of these actions. They can be considered as preparation for a crime only if they are aimed at deliberately creating conditions for the commission of the latter. In relation to murder, such actions are usually expressed in the acquisition or search for murder weapons (for example, firearms or bladed weapons, toxic substances, etc.), in familiarization with the area where the murder is supposed to be committed, in creating conditions for concealing traces of the crime, in the search accomplices to murder, etc. In practice, these actions are very difficult to detect, and it is also very difficult to prove that this or that action is preparation for a crime (for example, buying an ax in a store). But in all possible cases without exception, preparatory actions for murder should entail criminal liability under the article of the Criminal Code on murder.

Attempted crime, in accordance with Art. 30 of the Criminal Code, an intentional act directly aimed at committing a crime is recognized if the crime was not completed for reasons beyond the will of the perpetrator.

An attempt differs from preparation in that in it the subject commits actions directly aimed at committing a crime, that is, he carries out a direct attack on the object. So, for example, if the acquisition of a firearm for the purpose of committing murder should be considered as preparation for a crime, then aiming this weapon at a victim, and even more so shooting at her, if the fatal result did not occur, is an attempt.

Attempted murder should be distinguished from other completed crimes against the person. In practice, serious difficulties arise when distinguishing such an attempt from intentional bodily harm. Actions aimed at taking a life, if death was avoided, cannot be qualified as intentional infliction of bodily harm. The difficulty of such a distinction stems from the fact that in an attempted murder, only bodily harm is often inflicted on the person.

The main criterion for distinguishing these crimes is the direction of intent of the perpetrator. If the intent is aimed at taking a life, then the act should be qualified as an attempt, despite the fact that only bodily harm is caused to the victim.

The subject of the murder is a sane individual who has reached the age of 14 at the time of the crime.

Only a natural, sane person who has reached a certain age can be the subject of intentional murder.

Sanity is the ability of a person to realize the socially dangerous nature of his actions. It is determined by a person’s ability to account for and manage his actions. Sanity is a prerequisite for guilt and a condition for criminal liability.

In accordance with Art. 21 of the Criminal Code is not subject to criminal liability for a person who, at the time of committing a socially dangerous act, was in a state of insanity, that is, could not realize the actual nature and social danger of his actions (inaction) or manage them due to a chronic mental disorder, temporary mental disorder, dementia or other painful mental state.

A person who was in a state of insanity is not the subject of a crime and is not subject to criminal liability. If this person commits murder, compulsory medical measures may be applied to him by court order.

A person who has reached 14 years of age at the time of committing the crime can be recognized as the subject of a murder, while the person is considered to have reached a certain age not on his birthday, but from the next day. If the exact date of birth cannot be established, then a forensic medical examination establishes the year of birth, and the last day of the named year should be considered the birthday.

The establishment of this age limit is an exception to the general rule, according to which persons at least 16 years of age are subject to criminal liability. The lower age of criminal responsibility for qualified murder does not seem to be related to the fact that this crime has an increased public danger and is included in the list of serious crimes. The legislator simply proceeds from the fact that this crime represents an act, a social danger, which is understandable and clear to every teenager at this age. Murder has obvious and easily recognized dangers. When committing it, the perpetrator encroaches on a benefit that he himself possesses, and therefore has the opportunity to understand from his personal experience what its danger is, what the harm is and what consequences may occur as a result of its commission.

The legislator also takes into account the fact that by the age of 14, a teenager has already undergone the initial formation of views, moral and moral foundations of the individual, which allows him to be aware of the above circumstances. Therefore, establishing a lower age of criminal responsibility for murder is fully justified.

In the disposition of Art. 105 of the Criminal Code also names individual characteristics of the subject that influence the qualification of this crime. So the application of paragraph “n” of Art. 105 of the Criminal Code is possible only in the case when the murder was committed by a person repeatedly, i.e. previously committed premeditated murder.

The subjective side is intentional guilt. Intent in murder can be either direct or indirect.

Establishing the distinction between direct and indirect intent is of great importance for distinguishing attempted murder from other crimes.

Attempted murder is possible only with direct intent, i.e. when the culprit foresaw the onset of death, wished for it to occur, but this did not happen due to circumstances beyond his control. An act can take the form of both action and inaction. The motive and purpose of the crime act as mandatory features of murder, since the qualification of murder depends on their content.

The subjective side of murder is characterized by the subject’s mental attitude to his act and the resulting death of the victim. The current criminal legislation establishes that only the person guilty of committing a crime is subject to criminal liability and punishment. The law also directly states that the commission of a socially dangerous act can serve as the basis for criminal liability only if this act was committed intentionally. The corpus delicti provided for in Art. 105 of the Criminal Code allows only an intentional form of guilt in the form of direct or indirect intent. The only reckless crime is the act provided for in Art. 109 of the Criminal Code - causing death by negligence.

With intent to kill, a person realizes that he is committing an act that will result in the death of another person, actually foresees this consequence and desires (direct intent) or consciously allows death to occur or is indifferent to it (indirect intent). The motives and goals of the actions of the perpetrator can be very diverse - from the desire to stop an attack in a situation of necessary defense to reprisals against the victim due to jealousy or selfish motives. Specific motives, goals and the emotional state of the perpetrator are taken into account when qualifying either as mitigating (Articles 106, 107, 108 of the Criminal Code) or as aggravating (Part 2 of Article 105 of the Criminal Code) circumstances of responsibility, or are not recognized as either one or the other (Part. 1 Article 105 of the Criminal Code).

With direct intent, the perpetrator is aware of the socially dangerous nature of his action or inaction, foresees its socially dangerous consequences and desires the occurrence of these consequences.

The intellectual moment, with direct intent, forms the consciousness of the subject of the socially dangerous nature of his actions or inactions and the anticipation of their socially dangerous consequences. In relation to murder, awareness of the nature of one’s actions presupposes the understanding by the perpetrator that he is encroaching on the life of the victim, and anticipation of the consequences consists of the mental idea that the death of the victim may occur as a result of the act.

In this case, direct intent can exist both in the case when the occurrence of death is conceived as an inevitable consequence of the act of the perpetrator, and in the case when it is presented as a probable consequence.

The volitional moment of direct intent is that the perpetrator desires the death of the victim and strives for this result.

With indirect intent, a person is aware of the socially dangerous nature of his action or inaction, foresees socially dangerous consequences and deliberately allows these consequences to occur.

The intellectual moment of indirect intent is no different from the intellectual moment of direct intent. The only difference is that with direct intent, the perpetrator foresees both the inevitability and the likelihood of the victim’s death; with indirect intent, the person foresees only the possibility of the death of the victim. In those cases when the perpetrator foresees the inevitability of death, this means that he acts with direct intent. Therefore N.I. is right. Zagorodnikov, who believed that in cases where a person is deliberately placed in conditions under which he will inevitably lose his life, the possibility of indirect intent is excluded [11] N.I. Zagorodnikov, Decree. Op. page 59.[11].

The volitional moment consists in not wanting the death of the victim to occur, but, nevertheless, its conscious assumption is assumed. With indirect intent, the perpetrator does not want the death of the victim, because he pursues a completely different goal. In order to achieve this goal, the person consciously admits the possibility of the death of the victim. Criminal consequences are perceived by the perpetrator with indirect intent as a possible by-product of his activities aimed at achieving other goals. Therefore, indirect intent in murder presupposes the presence of direct intent in relation to other actions.

Of great importance is the distinction between direct and indirect intent when deciding the issue of responsibility for attempted murder. In the theory of criminal law, opinions have been expressed that attempted murder can be committed with indirect intent. But most criminologists do not share this point of view, since it contradicts Art. 30 of the Criminal Code, which recognizes as an attempt intentional actions aimed at committing a crime, that is, an attempt is a purposeful action, possible only with direct intent, because, not wanting to achieve a certain result, a person cannot attempt to achieve it. The same position was taken by the Plenum of the Supreme Court of the Russian Federation, which, in paragraph 3 of the resolution “On judicial practice in cases of intentional murder” dated December 22, 1992, indicated that “the courts should take into account that if an intentional murder ... can be committed as a direct , and with indirect intent, then attempted murder is possible only with direct intent, that is, when the actions of the perpetrator indicated that he foresaw the onset of death, wanted it, but the fatal outcome did not occur due to circumstances beyond his will.” [12] “Bulletin ...”, 1993 No. 2, p. 3. [12].

With indirect intent, the volitional activity of a person is not directed directly at depriving the victim of life. It is aimed at achieving a different result and does not commit a single action aimed at achieving the death of the victim, but only creates the danger of causing death to the victim.

Among the circumstances that are important for qualifying premeditated murder, which characterizes the subjective side of this crime, it is necessary to name the motive and purpose of committing the murder.

Motive is the motivating reason to commit a crime. In Part 2 of Art. 105 of the Criminal Code directly indicates the following motives: self-interest, hooligan motives, blood feud, racial or national hostility or discord, use of the victim’s organs. For other motives, murder may be qualified under Art. 105 of the Criminal Code only in the presence of other circumstances specified in this article. In the absence of the above motives and other circumstances aggravating premeditated murder, Part 1 of Art. 105 of the Criminal Code.

It is necessary to distinguish the purpose from the motive for murder as a sign of the subjective side of the crime. The goal is either the interest or the consequence that the offender strives for when committing a crime. Motive and purpose, as a rule, are distinguished in law and have independent meanings for qualifying certain types of murder. Establishing the purpose of concealing another crime or facilitating its commission entails recognizing the murder as committed under aggravating circumstances (clause “k” of Article 105 of the Criminal Code). But the motive and purpose of a murder may coincide. For example, when committing murder for selfish motive, a person strives to achieve a selfish goal.

The motives can be different - personal hostility, jealousy, envy, etc.

The purpose of the crime is to take life. The crime is over when death results from the offender's act.

Qualified murders are:

1) two or more persons;

2) a person or his relatives in connection with the performance of official activities by this person or the performance of public duty;

3) a person who is known to be in a helpless state by the perpetrator, as well as murder involving the kidnapping of a person or the taking of a hostage;

4)women who are known to be pregnant by the perpetrator;

5)perfect:

a) with particular cruelty;

b) in a generally dangerous manner;

c) by a group of persons, a group of persons by prior conspiracy or an organized group;

d) for mercenary reasons or for hire, as well as murder associated with robbery, extortion or banditry;

e) for hooligan reasons;

f) with the aim of concealing another crime or facilitating its commission, as well as involving rape;

g) based on national, racial, religious hatred or enmity or blood feud;

h) for the purpose of using the victim’s organs or tissues.

Murders are divided into groups:

1)without aggravating or mitigating circumstances;

2)under aggravating circumstances;

3)under extenuating circumstances.

Difficulties that arise in determining this classification

The main problem that may arise during the investigation is precisely establishing the fact of cruelty or its absence. This classification can be assessed according to two criteria, which, in fact, complicates the situation. Firstly, the very concept of cruelty. Secondly, the Criminal Code speaks specifically about special cruelty. That is, it is even something more, roughly speaking – extreme, higher.

The definition of murder with particular cruelty in the Criminal Code cannot be called stable. For example, the judicial panel of the RSFSR recognized as such a case when one brother, in a fit of anger, inflicted only a few stab wounds on the other. At the same time, in the case where 12 blows were applied to the neck with a scalpel, they did not find any particular cruelty.

Several indicators have been developed in response to the occurrence of such difficulties. They meet the definition of “special cruelty.” The main aspect here is to obtain satisfaction from the pain and suffering caused to the victim. Namely:

• torture;
• use of poison;
• torture by starvation;
• beating;
• rape.

If the case refers to at least one of the above-described circumstances, it automatically falls under paragraph “e” of Part 2 of Article 105 of the Criminal Code. Murder with special cruelty can also be determined if the offender inflicted multiple stab wounds on his victim, etc.

Qualification problems

Murder, which is characterized by particular cruelty, is understood as the taking of a person’s life, in which the criminal takes pleasure in the torment of a dying citizen.

as cruel measures for a dying victim:

• I;
• beatings and rapes;
• lack of food;
• torture.

If one or more of the above methods of influence on the victim is present, then experts classify it as particularly cruel.

The infliction of a huge number of wounds often indicates a murder that was carried out with extreme cruelty.

However, this is not always the case. There are cases when such crimes are caused by a state of passion. This points to Article 107 of the Criminal Code of the Russian Federation.

The heat of passion

However, there are exceptions here too. This is murder in the heat of passion. It is a sudden, intense emotional disturbance that could result from violence, serious insult, bullying or other immoral acts on the part of the victim. The accused is charged with Art. 107 of the Criminal Code of the Russian Federation. Punishment in this case is imposed as correctional labor, restriction or imprisonment for up to three years.

Deprivation of life or attempt on government officials

When committing these actions against a public or government figure to terminate his work in his position or for reasons of revenge, the legislation provides for the following punishment for the perpetrator:

1. Life imprisonment.
2. Imprisonment for 12-20 years, limited to two years.

The encroachment may concern the life of a law enforcement officer, military personnel or their relatives and may be aimed at creating obstacles for employees to perform their duties or act as revenge for actions they have taken to ensure safety in society. For a crime under these circumstances, the same punishment as given above is imposed. The legislation also provides for criminal liability in the form of life imprisonment or imprisonment for 12-20 years, accompanied by its limitation to 2 years in case of an attempt on the life of a judge or other person involved in the administration of justice. This punishment also applies to crimes against bailiffs, prosecutors, experts, interrogators, investigators, as well as their relatives, relating to their professional activities, carrying out a preliminary investigation or executing a sentence, a judicial act and committed with the aim of preventing these persons from performing their professional duties.

About an aggravating circumstance

Cruelty as a factor influencing the victim can be divided into 3 parts:

1. Infliction before committing murder.
2. During its implementation.
3. After the crime.

In addition, the following types of influence fall under the definition of special cruelty:

• death from painful shock, deprivation of water, poisoning, burning, etc.;
• psychological impact, including hostage holding and torture;
• torture before and during the murder;
• taking a person's life in front of other people.

Serial crimes

These include acts of citizens who committed three or more murders, separated in time by more than a month. As forensic experts say, the motivation of such criminals is the desire to satisfy their own perverted needs. Many serial killers first have sexual intercourse with the victim. Such crimes can be either spontaneous or planned. The victims of a particular serial killer themselves may have some common characteristics. For example, victims may be the same gender, race, age, have a similar appearance, and so on. A serial killer should not be identified with a mass murderer. The latter performs his acts over a relatively short period in several places and usually without a long interval. However, murders that occur in practice, committed within weeks or months without intervals or a return to normal life, confront forensic experts with the need to form a new – mixed – type of “serial-mass crimes against human life.” It must provide for strict punishment: imprisonment for up to 20 years or life imprisonment.

Excludes murder with extreme cruelty...

In general, the infliction of suffering after death is a controversial issue. The court will take into account all the circumstances of the case to make a final decision on whether a particular crime was committed with particular cruelty. But most often, mockery of the body after death is not considered particularly cruel, nor is dismemberment, which occurred, of course, after the person was killed. However, these circumstances are also taken into account when determining the term of punishment.

Legislative regulation

In accordance with the Criminal Code of the Russian Federation, murder with extreme cruelty is regulated by Article 105 in paragraph 2 with subparagraph “e”.

In accordance with it, the court imposes a punishment.

If, according to the inspection materials, the crime is classified as the murder of a person with particular cruelty, then the punishment will be more severe than for other types of murder.

How many years in prison do you get for killing a minor? Read about it here.

Investigation and trial

The investigation of any case begins with establishing the method of committing the crime. In this particular case, it is first of all important to find evidence of the commission of an atrocity with particular cruelty. The operational and investigative team, together with employees of the forensic medical examination service, must determine the following points:

• time and cause of death;
• general circumstances of the case, including attempts by the killer to hide traces of the crime;
• identification of the person who committed the act;
• confirmation of the fact of causing death with particular cruelty;
• restoration of the identity of the murdered person and his characteristics;
• determining the purpose and motive for committing a given crime.

In order to obtain answers to all questions that arise, a set of measures is carried out to help solve these problems. Namely:

1. Inspection of the crime scene.
2. Forensic examination of the body.
3. Search for material evidence and its examination.
4. Interviewing witnesses.
5. Interrogation of the person who committed the murder with particular cruelty.

When all the case materials have been collected, they are submitted to the court. The rest is at the discretion of the judge. He can either agree that the crime was committed with particular cruelty or refute this suspicion. Although now, thanks to amendments made to the legislation, everything has become transparent and obvious.

Examples from judicial practice

Studying how murder with extreme cruelty is described in the Criminal Code of the Russian Federation, it is difficult for an ordinary person to understand how people can commit such a crime. However, those who work under the auspices of Themis (especially if they have many years of experience behind them) know firsthand how cynical people can be.

1. The sister scolded her brother for drinking. In response, he threw the girl off the bed and began hitting her with a rolling pin. Then he took a rope, tied one end of it around his sister’s neck, and tied the other to the handle. Opening and closing the door, he first loosened and then tightened the rope again. As a result of asphyxia (suffocation), the girl died. The court sentenced the man to 9 years in prison.
2. A man and woman in a civil marriage were drinking alcoholic beverages. During the conversation, he began to suspect his partner of infidelity. The man began to strike his common-law wife multiple times with his feet, hands and various objects. The woman died from a traumatic brain injury. The court found this murder committed with particular cruelty, since the mother was beaten in front of her young children. Moreover, the woman suffered from the blows inflicted.
3. A husband and wife, who often drank alcohol, once again decided to punish their six-year-old son for disobedience. The mother took the boy by the legs and hit him on the floor. The father then took the child, carried him out onto the veranda and continued beating him. The boy died as a result of his injuries.

Unfortunately, there are an awful lot of such examples. But it cannot even be said that they differ in the level of cruelty. After all, this level as such cannot exist. But there is cruelty in any case. But is she special?

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• A man, standing up for his wife’s honor, smashed her offender’s head with an adjustable wrench 16+

  July 13, 2018

• The young man shot the blackmailers and stole their hard drives to destroy his intimate video 16+

  July 12, 2018

• The nephew of a wealthy businessman got rid of a claimant to his inheritance 16+

  July 11, 2018

• A man is accused of killing a doctor who deliberately did not treat his mother for cancer 16+

  July 10, 2018